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Dead Constitution
See other Dead Constitution Articles

Title: Person/Individual (as in 1040) Defined
Source: Black’s Law 6th edition (1142)
URL Source: [None]
Published: Mar 1, 2011
Author: Patrick Henry's Files
Post Date: 2011-03-01 11:52:03 by PatrickHenry
Keywords: None
Views: 119
Comments: 4

Person. In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See e.g. National Labor Relations Act, § 2(1), 29 U.S.C.A. § 152; Uniform Partnership Act, § 2. Scope and delineation of term is necessary for determining those to whom Fourteenth Amendment of Constitution affords protection since this Amendment expressly applies to "person."

Aliens. Aliens are "persons" within meaning of Fourteenth Amendment and are thus protected by equal protection clause against discriminatory state action. Foley v. Connelie, D.C.N.Y., 419 F.Supp. 889, 891.

Bankruptcy Code. "Person" includes individual, partnership, and corporation, but not governmental unit. 11 U.S.C.A. § 101.

Commercial law. An individual or organization. U.C.C. § 1-201(30).

Corporation. A corporation is a "person" within meaning of Fourteenth Amendment equal protection and due process provisions of United States Constitution. Metropolitan Life Ins. Co. v. Ward, Ala., 470 U.S. 869, 105 S.Ct. 1676, 1683, 84 L.Ed.2d 751. The term "persons" in statute relating to conspiracy to commit offense against United States, or to defraud United States, or any agency, includes corporation. Alamo Fence Co. of Houston v. U.S., C.A.Tex., 240 F.2d 179, 181.

In corporate law, "person" includes individual and entity. Rev.Model Bus. Corp.Act, § 1.40.

Foreign government. Foreign governments otherwise eligible to sue in U.S. courts are "persons" entitled to bring treble-damage suit for alleged antitrust violations under Clayton Act, Section 4. Pfizer, Inc. v. GovernII-lent of India, C.A.Minn., 550 F.2d 396.

Illegitimate child. Illegitimate children are "persons" within meaning of the Equal Protection Clause of the Fourteenth Amendment, Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 1511, 20 L.Ed.2d 436; and scope of wrongful death statute, Jordan v. Delta Drilling Co., Wyo., 541 P.2d 39, 48.

Labor unions. Labor unions are "persons" under the Sherman Act and the Clayton Act, Casey v. F.T.C., C.A.Wash., 578 F.2d 793, 797, and also under Bankruptcy Code, Highway and City Freight Drivers, Dockmen and Helpers, Local Union No. 600 v. Gordon Transports, Inc., C.A.Mo., 576 F.2d 1285, 1287.

Minors. Minors are "persons" under the United States Constitution, possessed of rights that governments must respect. In re Scott K., 24 C.3d 395, 155 Cal.Rptr. 671, 674, 595 P.2d 105.

Municipalities. Municipalities and other government units are "persons" within meaning of 42 U.S.C.A. § 1983. Local government officials sued in their official capacities are "persons" for purposesof Section 1983 in those cases in which a local government would be suable in its own name. Monell v. N. Y. City Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611. See Color of law.-Black’s Law 6th edition (1142)

Res- Latin meaning "thing", object, entity in the realm of political status as per the 14th.. Resident contrasted with Inhabitant (Citizen of a State, Natural Person, National etc.).

Yours in Observing Slaves Were Also Considered "Objects in Commerce",

Patrick

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Begin Trace Mode for Comment # 3.

#3. To: PatrickHenry (#0)

Semantic hair splitting and wangling is moot in the face of overwhelming fire power.

At this point in time the law is what the people with all the guns say it is. It is sad to have to say that, but it has the sole virtue of being true.

Original_Intent  posted on  2011-03-01   13:30:26 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 3.

#4. To: Original_Intent (#3)

Hi O_I,

The courts (U.S. v Slater, DC v Heller, McDonald for e.g.) have been consistent with this "hair splitting" (14th Slave v State Citizen), but it must be understood "never under any circumstances" accept or agree to function with a SS/ mark of the Beast.

Yours in Observing No 1040 Reporting = No IRS Slave Catcher Aggravation,

P.H.

PatrickHenry  posted on  2011-03-01 13:40:10 ET  Reply   Untrace   Trace   Private Reply  


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